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MATTER OF BAIM

167 A.D.2d 651 (1990)

In the Matter of the Claim of Richard C. Baim, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 8, 1990

The record supports the conclusion that claimant was not totally unemployed. He admitted that at the time he was collecting benefits he worked for brief periods of time as a bartender. Although he was not paid for his services, they were sufficient to warrant denying him benefits (see, Matter of St. Germain v Ross, 78 A.D.2d 565). Furthermore, although the Commissioner of Labor now concedes that claimant's false statements...

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